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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/01/2016 - FIRST READING OF ORDINANCE NO. 026, 2016, ESTABLISAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY March 1, 2016 City Council STAFF Susan Smolnik, Water Resources Engineer SUBJECT First Reading of Ordinance No. 026, 2016, Establishing Rental Rates and Delivery Charges for the Use of the City's Raw Water for the 2016 Irrigation Season. EXECUTIVE SUMMARY The purpose of this item is to obtain City Council approval of rates and charges for the rental and delivery of the Utilities raw water supplies for the 2016 irrigation season. These rates are used to invoice agricultural, contractual, and other water users. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City is a shareholder in several local irrigation companies and also holds allotment contracts for the delivery of Colorado Big-Thompson Project (CBT) water. The main use for these raw water sources is in the treatment and delivery of potable water for the Utilities’ ratepayers. There are also delivery obligations to provide raw water for use by HOAs, the Poudre School District, and several City departments. After these treated and raw water demands have been met, in most years there is surplus water that can be rented to other water users. Staff is again proposing two categories for pricing raw water. The first category, rental rates, is used to set prices for surplus water. Typically, there is demand for most of the City’s raw water rental sources and there are active rental markets. The second category, delivery charges, sets prices for sources where the Utilities has an on-going obligation to provide raw water that is used to irrigate some Home Owner Association greenbelts, the Poudre School District’s fields, and the City’s parks, golf courses, and cemeteries. Each year, prior to the irrigation season and after irrigation companies have established their annual assessment, City Council approves the rental rates and delivery charges for the use of the Utilities’ raw water. Staff then uses these rates and charges for invoicing purposes. The attached tables show the assessment rates as set by the irrigation companies and the raw water rates charged by the Utilities for 2013 through 2015 as well as proposed rates for 2016. ACTIVE RENTAL MARKETS FOR SURPLUS RAW WATER North Poudre Irrigation Company (NPIC) Rental Rates The Utilities expects to have surplus NPIC water that can be made available for rent. Each NPIC share has an agricultural (Ag) component and a multiple use (MU) component. The amount of each component varies annually and is set in April by the NPIC Board of Directors based on the company’s water supply availability. Agenda Item 6 Item # 6 Page 2 Due to current legal constraints, the Ag component can only be used on land served by the NPIC system and is rented to shareholders under that system. The MU portion of each NPIC share is available for the Utilities' use and is largely comprised of NPIC-owned CBT water. When users in the NPIC system rent either Ag or MU water, both components are delivered through the system in the same manner. Therefore, it is proposed that both types of water be rented at the same rate per acre-foot. Starting last year, a formula was used that incorporates the NPIC assessment and the share allocation to set the rental rate to ensure that the cost of the NPIC assessment was fully paid by the renter. This same method is proposed for this year. The rental rate per acre-foot will be equal to the assessment divided by the sum of the April allocation of MU and Ag water plus a $2.00 per acre-foot administration fee and then rounded up to the nearest dollar. The actual rate will not be known until the after the allocation is made in early April. In some years there is a special class of NPIC water available for agricultural users for a very limited time early in the irrigation season, which has a limited rental market and thus warrants a significantly lower rate. If this Early Ag water is available in 2016, staff proposes a rental rate of $15 per acre-foot to reflect its limited use. Table 4A (Attachment 4) compares the calculated rates to rates approved by City Council for the years 2011 through 2014. In most years, the two rates differ by only a few dollars. The exception is 2013 where the calculated rate would have been $42.00 and the Council-set rate was $30.00. It should be noted that in 2013 not many NPIC rentals were made due to the City being on water restrictions related to the water quality impacts of the High Park fire, coupled with low storage levels in the CBT system. Table 4B (Attachment 4) provides a possible range of calculated 2016 rental rates using the 2016 assessment of $200.00 with different potential allocations. Procedures The Utilities will continue to use a proportionate allocation method based on the requester’s acreage, as has been used since 2008. This allocation method uses information provided by renters about their total land holdings served under the NPIC system. These requesting acreages are then added together and are divided into the total volume of City-owned NPIC water available for rent in a given year. This acre-foot per acre ratio is then applied to each of the requesters’ land holdings to determine the maximum amount of rental water available for each requester. NPIC renters have asked that the City employ an allocation method that provides some water for all requesters each year. This method distributes rental water throughout the NPIC system. Colorado Big Thompson Water (CBT) Rental Rate The Utilities receives CBT water through allotment contracts with the Northern Colorado Water Conservancy District (Northern) and through its ownership of NPIC shares. To use the CBT water from its NPIC shares, the MU portion of the share is transferred as CBT water into the Utilities’ CBT account. Utilities typically holds some of the NPIC MU water for potentially high summer demands, then rents it to other (non-NPIC) renters later in the year if it was not needed. In the past, Utilities did not pay any fees on this type of transfer. However, beginning in 2015, Northern began assessing transfer fees for this type of operation which can vary based on the CBT allocation that year. The 2015 fee for this particular transfer was $41.43 per acre-foot. This year, depending on the CBT quota, the fee for this transfer is likely to be closer to $50 per acre-foot. Last year transfer fees if assessed were added to the cost of the rental. This resulted in a reduction in the number of CBT rentals made. This year staff again recommends that rentals of CBT water be made at a rate equal to the calculated NPIC MU rate plus the cost of any transfer fees associated with the rental. Procedures Utilities will first meet the CBT delivery obligations to City departments and other entities with delivery agreements. Any available surplus CBT water will then be offered to water users on the ditches that run through town. These ditches, known collectively as the “Southside Ditches”, include the Arthur, New Mercer, Larimer No. 2, and Warren Lake Reservoir. The Pleasant Valley Lake and Canal (PVLC) is also included in Agenda Item 6 Item # 6 Page 3 this tier. Surplus CBT water will next be made available to other Poudre Basin water users. Finally, in the event that any surplus CBT water remains, it will be offered to others within the entire Northern District. Water Supply and Storage Company (WSSC) Rental Rates Water Supply and Storage Company shares can only be rented to water users under that system. This has been an active rental market and the typical rental rate of a WSSC share is $1,000 over assessments. It is recommended that this formula be used to calculate the WSSC share rental rate. Using this formula in 2016, the resultant rental rate is $3,900 per share. Procedures Shares will be offered via lottery as in past years. Reusable Sources The Utilities occasionally has rental demand for reusable sources to satisfy State requirements for substitute water supply and augmentation plans. The Utilities’ primary reusable sources are Joe Wright Reservoir water and reusable effluent from the Utilities’ water reclamation facilities, but may also include water from the newly constructed Rigden Reservoir. It is proposed that the rental rate for these sources be set at $600 per acre-foot for 2016. RAW WATER DELIVERY CHARGES Pleasant Valley Lake and Canal (PVLC) and the Southside Ditches Delivery Charges This category sets charges for water used on City facilities, such as parks and golf courses, or water used by other entities that have met the Utilities’ raw water requirements. Non-City entities with raw water delivery agreements are mostly HOAs and the Poudre School District. It is proposed that the charges be set at 10% above the irrigation companies’ annual assessments per share. This is to help offset the Utilities’ administrative costs. Reusable Water Delivery Charges The Utilities has delivery obligations for reusable water where the Utilities’ raw water requirement has been met. For these obligations it is proposed that a fee of $120 per acre-foot be charged to help offset operational and administrative costs. CITY FINANCIAL IMPACTS The revenue from the Utilities’ rental and delivery of raw water is expected to be approximately $500,000 for 2016. The revenues generated by the rentals helps off-set the annual cost of raw water ownership. BOARD / COMMISSION RECOMMENDATION The Water Board discussed the proposed rates and charges at the February 18, 2016 meeting and unanimously voted to recommend adoption of the formulas and fixed rates for the 2016 rental rates and delivery charges. PUBLIC OUTREACH Announcements were made at NPIC and WSSC annual meetings regarding the availability of rental water and the processes for making requests. Agenda Item 6 Item # 6 Page 4 ATTACHMENTS 1. Proposed Rental Rates and Delivery Charges (PDF) 2. Water Assessments (PDF) 3. Raw Water Rates and Charges 2013-2016 (PDF) 4. NPIC Rental Rate Comparison (PDF) 5. Water Board minutes, February 18, 2016 (draft) (PDF) ATTACHMENT 1 Table 1 Proposed Rental Rates and Delivery Charges Type of Water Rental Rates/Charges Surplus Rental Rates NPIC – Early Ag (per ac-ft) $ 15.00 NPIC – Ag or MU (per ac-ft) $ (Assessment/ (MU+AG Allocation)) +$2.00 CBT (per ac-ft) $ Calculated NPIC MU rental rate plus any NCWCD transfer fees WSSC (per share) $ Assessment +$1000.00 Reusable Sources (per ac-ft) $ 600.00 Raw Water Delivery Charges Arthur Irrigation Co. (per share) $ (110 percent of annual assessment) Larimer County Canal No. 2 (per share) $ (110 percent of annual assessment) New Mercer Ditch Co. (per share) $ (110 percent of annual assessment) Pleasant Valley & Lake Canal Co. (per share) $ (110 percent of annual assessment) Warren Lake Reservoir Co. (per share) $ (110 percent of annual assessment) Sherwood Res. Co. (per share) $ (110 percent of annual assessment) Sherwood Irrigation Co. (per share) $ (110 percent of annual assessment) Reusable Sources (per ac-ft) $ 120.00 Notes: (1) Rental rates may be adjusted to reflect the remaining yield or the prevalent market price of the water stock being rented. (2) The April allocation will be used to set the NPIC Ag and MU price. (3) Rates and charges will be rounded up to the nearest dollar. (4) The transfer fee charged on CBT rentals will be based on the quota at the time of the transfer. ATTACHMENT 1 ATTACHMENT 2 Table 2 Water Assessments 2013 2014 2015 2016 CBT (NCWCD, $/unit) 26.44 28.00 30.50 35.50 North Poudre Irrigation Co. ($/sh) 120.00 130.00 200.00 200.00 Water Supply & Storage Co. ($/sh) 2,800.00 2,800.00 2,900.00 2900.00 Arthur Irrigation Co. ($/sh) 25.00 30.00 20.00 57.00 Larimer County Canal #2 ($/sh) 600.00 450.00 350.00 450.00 New Mercer ($/sh) 900.00 900.00 450.00 450.00 Pleasant Valley & Lake Canal ($/sh) 185.00 185.00 185.00 185.00 Warren Lake ($/sh) 600.00 600.00 500.00 250.00 Sherwood Reservoir ($/sh) 14.00 55.00 160.00 57.00 Sherwood Irrigation ($/sh) 600.00 800.00 1500.00 1500.00 Reusable Sources ($/ac-ft) n/a n/a n/a n/a ATTACHMENT 2 ATTACHMENT 3 Table 3 Water Rental Rates/Charges Source 2013 2014 2015 2016 Surplus Water Rental Rates CBT Agriculture ($/ac-ft) market rate 35.00 59.00 NPIC MU rate plus any NCWCD transfer fees CBT Municipal/Industrial ($/ac-ft) market rate 50.00 59.00 same as above NPIC Early Ag ($/ac-ft) 15.00 15.00 15.00 15.00 NPIC Agriculture ($/ac-ft) 30.00 35.00 59.00 calculated in April NPIC Multiple Use ($/ac-ft) 30.00 35.00 59.00 calculated in April Water Supply & Storage Co. ($/sh) n/a 3,400.00 3,500.00 3,900.00 Reusable Sources ($/ac-ft) 500.00 600.00 600.00 600.00 Raw Water Delivery Charges Arthur Irrigation Co. ($/sh) 25.50 33.00 22.00 63.00 Larimer County Canal #2 ($/sh) 550.00 495.00 385.00 495.00 New Mercer ($/sh) 990.00 990.00 495.00 495.00 Pleasant Valley & Lake Canal ($/sh) 192.50 203.50 203.50 204.00 Warren Lake ($/sh) 660.00 660.00 550.00 275.00 Sherwood Reservoir ($/sh) 15.40 60.50 176.00 63.00 Sherwood Irrigation ($/sh) 660.00 880.00 1650.00 1650.00 Reusable Sources ($/ac-ft) 100.00 120.00 120.00 120.00 Notes: (1) Rates may be adjusted to reflect the remaining yield or the prevalent market price of the water stock being rented. (2) Charges for those who have satisfied the City’s raw water requirements are set at 110% of the assessments charged by that company. (3) The transfer fee charged on CBT rentals will be based on the quota at the time of the transfer. ATTACHMENT 3 ATTACHMENT 4 Table 4A Calculated and Actual Rental Rates for NPIC Water (for years prior to using the calculated method) 2011 2012 2013 2014 NPIC Assessments ($/share) 110.00 110.00 120.00 130.00 April Ag Allotment (acre-feet/share) 2.00 1.00 1.00 2.00 April MU Allotment (acre-feet/share) 2.00 3.25 2.00 2.20 Total April Allotment (acre-feet/share) 4.00 4.25 3.00 4.20 Assessment Cost ($/acre-foot) 27.50 25.88 40.00 30.95 Administration Fee ($/acre-foot) 2.00 2.00 2.00 2.00 Calculated Rental Rate ($/acre-foot) 30.00 28.00 42.00 33.00 Actual Rental Rate Charged ($/acre-foot) 30.00 30.00 30.00 35.00 Table 4B Anticipated Range of NPIC Rental Rates for 2016 NPIC Assessment ($/share) 200.00 200.00 200.00 200.00 April Ag Allotment (acre-feet/share) 1.25 1.50 2.00 2.50 April MU Allotment (acre-feet/share) 2.25 2.50 2.75 3.00 Total April Allotment (acre-feet/share) 3.50 4.00 4.75 5.50 Assessment Cost ($/acre-foot) 57.14 50.00 42.11 36.36 Administration Fee ($/acre-foot) 2.00 2.00 2.00 2.00 Calculated Rental Rate ($/acre-foot) 60.00 52.00 50.00 39.00 ATTACHMENT 4 Excerpt from Unapproved Water Board Minutes – February 18, 2016 2016 Raw Water Rental rates and Delivery Charges (Attachments available upon request) Water Resources Engineer Susan Smolnik summarized the 2016 proposed rental rates for surplus raw water, and Rule 11 transfer fees. Staff will seek City Council approval of rates and charges for the rental and delivery of the Utilities raw water supplies, and asked Water Board to recommend that City Council adopt the proposed rental rates and delivery charges. These rates and charges are used to invoice agricultural, contractual and other raw water users. The City is a shareholder in several local irrigation companies and also holds allotment contracts for the delivery of Colorado Big-Thompson Project (CBT) water. The main use for these raw water sources is in the treatment and delivery of potable water for the Utilities’ ratepayers, along with delivery obligations to provide raw water shares for use by homeowners associations (HOAs), the Poudre School District, and several City departments. After treated and raw water demands are met, there is surplus water most years that can be rented to other water users. Staff again proposes two categories for pricing: rental rates to set prices for surplus water and delivery charges to set prices for sources where the Utilities has an on-going obligation to provide raw water that is used to irrigate some HOA greenbelts, Poudre School District’s fields and the City’s parks, golf courses, and cemeteries. Highlights of the fees: • City pays a transfer fee on all CBT water transferred from North Poudre Irrigation Company (NPIC) • No off-sets • Fee equals municipal assessment minus $1.50 divided by quota • 2016 fee is ($35.50-$1.50)/70% or $48.57 assuming a 70% quota • Fee makes City’s rentals too expensive for most farmers Discussion Highlights Board members inquired about various aspects of the proposed rates, including CBT water storage; whether there are water users, such as farmers, who need short-term supplies (staff replied that it’s difficult to predict); and whether it’s possible to establish “permanent” users (staff replied it’s not likely; users of 10 years could be a possibility for example); Halligan Reservoir is primarily used for City water storage; staff doesn’t expect to use it for CBT water. Board Member Alex Maas moved Water Board recommend that the formulas and fixed rates for 2016 raw water rental rates and delivery charges as proposed by Utilities staff be adopted by the City Council. Board Member Phyllis Ortman seconded the motion. Vote on the motion: It passed unanimously, 11-0. ATTACHMENT 5 -1- ORDINANCE NO. 026, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING RENTAL RATES AND DELIVERY CHARGES FOR USE OF THE CITY’S RAW WATER FOR THE 2016 IRRIGATION SEASON WHEREAS, pursuant to Article XII, Section 4 of the City Charter, if at any time the water supply is greater than the immediate needs of the City and its inhabitants, the City Council may authorize the City Manager to permit the use of such surplus water by consumers outside the City at such rates as the City Council may prescribe, provided that no vested right shall accrue under such permits; and WHEREAS, pursuant to Article XII, Section 6 of the City Charter, the City Council shall by ordinance from time to time fix, establish, maintain, and provide for the collection of such rates, fees, or charges for water furnished by the City as will produce revenues sufficient to pay the cost of operation and maintenance of the City’s utilities in good repair and working order and to provide and maintain an adequate working capital fund for the day-to-day business operations of the utilities; and WHEREAS, the Water Board discussed the rental program and the rates on February 18, 2016, and recommended that the rental rates and delivery charges set forth herein be prescribed; and WHEREAS, City staff and the Water Board have made a recommendation to City Council regarding rental rates of surplus raw water for the 2016 irrigation season, as set forth in the following table, to be made available to persons outside the City or persons which have not been deemed to have satisfied the City’s raw water requirements: RATES FOR RENTALS OF SURPLUS RAW WATER Type of Water Rate Per Acre Foot North Poudre Irrigation Company (NPIC): Early Agricultural Use Water $15.00 per acre foot NPIC: Seasonal Agricultural Use and Multiple Use Water (Annual Assessment for 2016 of $200.00 per share / (Sum of Allocation of Seasonal Agricultural Use and Multiple Use Water per share)) + $2.00 per acre foot Colorado-Big Thompson Water from the Northern Colorado Water Conservancy District (NCWCD) Rate for NPIC: Seasonal Agricultural Use and Multiple Use Water + any NCWCD transfer fees calculated at the time of transfer Reusable Sources $600.00 per acre foot Type of Water Rate Per Share Water Supply and Storage Company Annual Assessment for 2016 + $1,000.00 share ; and -2- WHEREAS, City staff and the Water Board have made a recommendation to City Council regarding raw water delivery charges for the 2016 irrigation season, as set forth in the following table, to be made available to persons deemed to have satisfied the City’s raw water requirements: RAW WATER DELIVERY CHARGES Type of Water Rate Per Share Arthur Irrigation Company 110% of Annual Assessment for 2016 Larimer County Canal No. 2 Irrigating Company 110% of Annual Assessment for 2016 New Mercer Ditch Company 110% of Annual Assessment for 2016 Pleasant Valley and Lake Canal Company 110% of Annual Assessment for 2016 Warren Lake Reservoir Company 110% of Annual Assessment for 2016 Sherwood Reservoir Company 110% of Annual Assessment for 2016 Sherwood Irrigation Company 110% of Annual Assessment for 2016 Type of Water Rate Per Acre Foot Reusable Sources $120.00 per acre foot ; and WHEREAS, the rental rates and delivery charges will be rounded up to the nearest dollar, when necessary; and WHEREAS, the rental rates and delivery charges will be adjusted by City staff, as necessary, to reflect the remaining yield or the prevalent market price of the water or shares being rented in order to prevent undue economic loss to the City; and WHEREAS, City Council finds that the rates set forth herein are appropriate and will provide revenues sufficient to pay the cost of operation and maintenance of the City’s utilities in good repair and working order and to provide and maintain an adequate working capital fund for the day-to-day business operations of the utilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the rental rates and delivery charges set forth above are hereby approved as the City’s rental rates and delivery charges for the 2016 irrigation season. Section 3. The City Manager and the Utilities Executive Director are authorized to rent or deliver such raw water at the rental rates and delivery charges set forth above, provided that the rental rates and delivery charges set forth above may be adjusted by the Utilities Executive Director as he determines necessary to reflect the remaining yield for the prevalent -3- market price of the water or shares being rented in order to prevent undue economic loss to the City. Introduced, considered favorably on first reading, and ordered published this 1st day of March, A.D. 2016, and to be presented for final passage on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of March, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk